WebBGC – Service Level Agreement V 1.0

Overview – WebBGC – Software as a Service

WebBGC commits itself to offer an exceptional level of service to all Clients. The Web SLA guarantees your website availability, reliability and performance. This SLA applies only to live Client websites hosted by WebBGC.

This agreement exists for the sole purpose of creating basic rules binding WebBGC and all its Web hosting Clients. It is part of our guarantee for exceptional service level for as long as you remain our Client.

WebBGC recognizes the importance of online services in its Clients’ businesses, and seeks to offer highly performant, secure and reliable hosting. Our hosting network has been designed and is actively managed to ensure excellence in security and service availability. Our network employs high levels of redundancy to protect Clients’ services from interruption through the failure of any single component or connection.

WebBGC Service Summary

WebBGC content management service will allow all Boys and Girls Clubs to easily create beautiful, feature rich Club websites while leveraging BGC approved content alongside of their own local Club Content. WebBGC themes come in packages and include hosting and support, please refer to your signed contract for monthly fees and file storage space.

2017/2018 WebBGC Themes

2017/2018 Packages

Service Uptime Guarantee

We offer a Service uptime guarantee of 99.6% (“Service Uptime Guarantee”) of available time per month.

“Monthly Uptime Percentage” is the total number of minutes in a month, minus the number of minutes of Downtime suffered from all Downtime Periods in a month, divided by the total number of minutes in a month.

Monthly Uptime Percentage

Percentage of monthly bill credited to future monthly bills of the Client

99.00% – <99.95%

1.0%

95.00% – <99.00%

2.5%

<95.00%

5.0%

In order to receive any of the Financial Credits described above, the Client must notify within fifteen (15) days from the time the Client becomes eligible to receive a Financial Credit. Failure to comply with this requirement will forfeit the Client’s right to receive a Financial Credit. Contact support at support@webbgc.ca to notify the Provider of SLA Financial Credit eligibility.

The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.

Support

WebBGC maintains an FAQ Helpdesk that is available to Clients 24/7. The Helpdesk is designed to provide you with answers to commonly asked questions and guides for troubleshooting. In the event that you cannot find an answer to your issue via the FAQ Helpdesk, we shall maintain Email Support that will respond to you during normal business hours in Canada (EST). The Email Support service is available Monday to Friday, with the exception of public holidays, from 9:00am to 5:00pm. Email support requests that are received after hours and on weekends are responded to on the next business day. Issues that cannot be handled by our regular help desk will be escalated to a scheduled call.

Your Content

You own all of the content and information you post on WebBGC, and you can control how it is shared through your privacy and application settings.

Our platform allows you to upload content and imagery, and:

Backups of your content will be made so that data will not be lost

The Service Package you choose determines file storage limitations. Note as videos are storage intensive, therefore, we recommend 3rd party services such as Vimeo and YouTube. Please speak with a WebBGC Guru to assist in this manner.

The usage of the WebBGC service is intended for single website usage, not sub hidden websites

In cases where content is deemed inappropriate by WebBGC, your account will be suspended

The WebBGC service is not intended for use as file storage

WebBGC reserves the right to control features and plugins

In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you grant WebBGC a non-exclusive, royalty-free, worldwide license to use any IP content that you post.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others). In addition, the content may persist if your content has been shared with others, and they have not deleted it.

Trademarks and Copyrights

The Client warrants that they have the right to use any applicable trademarks and Client hereby agrees that any material submitted for publication through the Client’s account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. The Client will hold WebBGC harmless and indemnify from any damages, fines, or costs including attorney fees which may arise from any such violation or infringement.

Third Party Software

In efforts to ensure service uptime and protection, WebBGC reserves the right to decommission any software features known or suspected of causing harm to the service. From time to time, WebBGC can decommission plugins in the event they become a security risk or due to obsolescence. In such cases, WebBGC will aim to provide an equivalent or better alternative. In addition, WebBGC has the right to update plugins, and this may result in a loss of features.

Virus Detection

WebBGC will protect the Subscriber from infection by 100% of all Known Viruses contained inside Web Content that has passed through the 3rd party virus protection software.

A “Known Virus” means a Virus which has already been identified and a Virus definition has been made available by one of the anti-virus services whose technology is used within WebBGC’s hosting environment. This SLA does not apply to forms of Web Content abuse that are not classified as viruses or malware, such as phishing, adware, spyware and spam.

In the event that WebBGC identifies a Known Virus but does not stop the infected Web Content, we will use commercially reasonable efforts to promptly notify the Subscriber, providing information to enable the Subscriber to identify and delete the Virus-infected Web Content.

In the event that one or more Known Viruses in any calendar month passes through the 3rd party virus scanning software undetected and infects the Subscriber’s systems, following a request submitted by the Subscriber in accordance with Section 1 above, WebBGC will credit the Subscriber with one month’s Service Credit, subject to the Subscriber providing evidence that the 3rd party scanning software failed to detect the Known Virus within five (5) working days of the Virus infection.

The Virus Detection SLA for web security will not apply if (a) the Virus was contained inside Web Content that could not be analyzed by the web security service, such as HTTPS or a password-protected file, (b) the user by-passed the web security service when downloading the Web Content, (c) the Subscriber configured the service to not filter the web content, or (d) there is deliberate self-infection by the Subscriber or its authorized user.

Financial Arrangements

The parties agree to a month–to–month contract, beginning after WebBGC’s receipt of payment of the initial monthly or other setup or service fees. This agreement will automatically renew for successive one (1) month periods for the life of the contact until cancelled in writing. The Client will receive an electronic invoice for payment each month that is due upon receipt. The parties may agree to annual payments with the same arrangements as if it were a monthly contract as outlined above. The SLA shall begin within 30 days of a CMS–ready website being delivered to the Client (staging site). Dedicated SLAs shall commence upon production launch of the website. The monthly service fee may be adjusted on an annual basis, effective on each anniversary date of the Effective Date, upon at least sixty (60) days written notice from WebBGC.

Delinquent accounts are subject to collection via alternate payment arrangements including, but not limited to, pre–authorized payments, electronic funds transfer or annual payment. Up to a $25 fee may be charged for non–sufficient funds and or declined payments. Storage space required by the Client that is beyond what is provided in the Service Packages is charged at an additional rate of $2/GB.

Account Termination

This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notice must be made by mail or electronic mail. WebBGC will not accept terminations over the telephone. Notwithstanding the above, WebBGC may terminate service under this Agreement at any time, without penalty, if the Client fails to comply with the terms of this Agreement, including on–payment. WebBGC reserves the right to charge a reinstatement fee. If Client requires the retrieval of content after the account has been terminated, you may request WebBGC to facilitate the retrieval.

SLA Exclusions

The SLA does not apply to any errors:

(i) caused by factors outside of WebBGC’s reasonable control;

(ii) that resulted from Client’s software or hardware or third party software or hardware, or both;

(iii) that are result of abuses or other behaviors that violate the Agreement; or